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HomeMy WebLinkAboutItem 06.e Date: Item No. AGREEMENT WITH THE CITIES OF APPLE VALLEY, BURNSVILLE AND EAGAN TO PROVIDE RECYCLING SERVICES Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with the Cities of Apple Valley, Burnsville and Eagan to provide recycling services. Overview Dakota County provides community funding each year to support local solid waste abatement and recycling programs. Historically, the City of Lakeville used the funding to develop and support recycling programs, education and public outreach. The City of Lakeville proposes to join an existing partnership between the Cities of Apple Valley, Burnsville and Eagan beginning in 2017 to provide recycling services. The partnership, named Dakota Valley Recycling (DVR), has been in existence since 2003. Consolidating funds and resources with DVR will assist the City of Lakeville in becoming more efficient in communicating/promoting proper waste management and supporting new waste abatement initiatives such as organic waste diversion programs. Primary Issues to Consider • Funding for the Cities from Dakota County will be made directly to the City of Burnsville, which operates the DVR partnership. The funding constitutes DVR’s annual budget. The City of Lakeville’s draft 2017 Budget reflects a partnership with DVR. Supporting Information • Agreement with the Cities of Apple Valley, Burnsville and Eagan to Provide Recycling Services Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Ann Messerschmidt, Environmental Resources Specialist October 3, 2016 0 1 106148v2 AGREEMENT TO PROVIDE RECYCLING SERVICES AGREEMENT made this ___ day of ____________, 2016 by and among the Cities of BURNSVILLE, APPLE VALLEY, EAGAN, and LAKEVILLE (hereinafter individually referred to as a “City” and collectively referred to as the "Cities"). 1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statute § 471.59. 2. PURPOSE. The purpose of this Agreement is to provide recycling services for the Cities. 3. RECYCLING SERVICE. Employees of the City of Burnsville shall perform the basic services of the recycling program (the “Program”) for itself and for the Cities of Eagan, Apple Valley, and Lakeville. The basic services include but are not limited to:  Distribute recycling/disposal information to each household, actively participate and contribute to monthly Local Solid Waste Staff Meetings.  Support and promote Dakota County’s integrated solid waste management program (promote Eco-Site, compost bin distribution, Green Guide, etc.).  Make presentations (schools, community groups, Eco-Site tours for scouts).  Work with Multi-family buildings to reduce contamination of recycling materials.  Work with City staff to reduce waste and increase environmentally preferable purchases.  Ensure that recycling programs are established for City facilities.  Apply for the annual grant from Dakota County commonly known as the Community Landfill Abatement Grant.  Produce the annual report to Dakota County as required pursuant to the Community Landfill Abatement Grant.  Promote the ARROW Program (Awards for Reduction and Recycling of Waste for Businesses).  Answer phone/e-mail inquiries regarding recycling/disposal. 2 106148v2 If the City of Eagan, City of Apple Valley or the City of Lakeville desire additional services outside of the scope of the basic services of the Program, the City may enter into a separate agreement with Burnsville concerning those services. 4. FINANCE. A. The Cities of Eagan, Apple Valley, and Lakeville shall pay the City of Burnsville to operate the Program. For the 2017 calendar year, the City of Burnsville will submit to Dakota County a joint application on behalf of the four Cities for the Community Landfill Abatement Grants. The County payment will be made to the City of Burnsville for the four Cities, constituting payment for services for the year. The Community Landfill Abatement Grant amount shall constitute the budget for the Program for the year. B. The City of Burnsville shall act as fiscal agent and shall maintain a separate fund for the purpose of operating the Program. The City of Burnsville is authorized to pay claims approved by the Environmental Specialist of the Recycling Service. C. The City of Burnsville shall purchase equipment and supplies for the Program through procedures that are most beneficial to the Program. Contracts let and purchases made under this Agreement shall conform to statutory requirements applicable to the Cities. 5. CONTRIBUTIONS OF FACILITIES BY CITIES. A. Each City shall determine which of its Public Resources will be available to the Program. B. Each City shall maintain public liability insurance coverage on the Public Resources made available for the Program. C. Public Resources will be promptly returned to the City that provided the Public Resources upon that City's withdrawal from the Agreement. 3 106148v2 D. The Environmental Specialist in charge of the Recycling Program will be housed in the Burnsville Maintenance Facility. The Burnsville Natural Resources Manager will supervise the Environmental Specialist with input from designated supervisory contacts in Eagan, Apple Valley, and Lakeville. 6. PERSONNEL. The City of Burnsville shall establish standards and qualifications for its personnel. Recycling Services personnel shall be deemed employees of the City of Burnsville, not of the other member Cities. 7. INSURANCE AND INDEMNIFICATION. A. General Liability Insurance. Each individual City agrees to maintain in force comprehensive general liability insurance equal to or greater than the maximum liability for tort claims under Minn. Stat. § 466.04. If any City is notified that its insurance is cancelled, it will immediately notify the other Cities in writing. If any City is unable to obtain or keep in force at least the minimum coverage required by this paragraph, any City may withdraw from this Agreement after giving the other member Cities at least thirty (30) days written notice of its intent to withdraw. B. Workers' Compensation Insurance. Each City shall be responsible for injuries to or death of its own employees. Each City shall maintain workers' compensation coverage or self-insurance coverage, covering its own employees while they are providing services pursuant to this agreement. Each City waives the right to sue any other City for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other City or its officers, employees or agents. 4 106148v2 C. Indemnification. The Cities agree to indemnify and hold harmless each other and each other's respective employees, trustees, directors, officers, subcontractors, agents or other members of its workforce, each of the foregoing referred to as "indemnified party," against all actual and direct losses suffered by the indemnified party and all liability to third parties arising from or in connection with any breach of this Agreement or from any negligence or wrongful acts or omissions by the indemnifying party or its employees, trustees, directors, officers, subcontractors, agents or other members of its workforce in connection with the indemnifying party's performance under this Agreement. Accordingly, on demand, the indemnifying party agrees to reimburse the indemnified party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys' fees) which may for any reason be imposed upon any indemnified party by reason of any suit, claim, action, proceeding or demand by any third party that results from the indemnifying party's breach of any provision of this Agreement or from any negligence or wrongful acts or omissions by the indemnifying party or its employees, trustees, directors, officers, subcontractors, agents or other members of its workforce in connection with the indemnifying party's performance under this Agreement. The Cities agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the participating cities shall not exceed the limits on governmental liability for a single entity of government as specified in 466.04, subdivision 1. 5 106148v2 8. DURATION. A. Any City may withdraw from this Agreement on December 31 of any year. Written notice of termination must be given to the other Cities at least ninety (90) days prior thereto. B. In the event of written notification to withdraw, the remaining Cities shall meet to consider modifying the Agreement to continue without the withdrawing City or to terminate. In the event of termination, all surplus funds shall be distributed to the Cities in proportion to the amount contributed over the lifetime of the Agreement, in relation to all contributions made by the Cities. Property obtained under this Agreement shall be distributed to the Cities in the same manner. If the remaining Cities continue this Agreement, the withdrawing City shall be given a portion of the surplus funds and property in proportion to the amount contributed by the City over the lifetime of the Agreement, in relation to all contributions made by the Cities. 9. PRIOR AGREEMENTS SUPERSEDED. This Agreement supersedes and repeals all prior agreements among the Cities related to the recycling service. 6 106148v2 IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by their respective duly authorized officers. Dated: ____________________ CITY OF APPLE VALLEY BY: ______________________________ Its Mayor AND ______________________________ Its City Clerk Dated: ___________________ CITY OF BURNSVILLE BY: _____________________________ Its Mayor AND _____________________________ Its City Manager Dated _____________________ CITY OF EAGAN BY: _____________________________ Its Mayor AND _____________________________ Its Environmental Specialist/Clerk Dated: ___________________ CITY OF LAKEVILLE BY: _____________________________ Its Mayor AND _____________________________ Its Clerk